33 Amendments of Tiemo WÖLKEN related to 2020/2073(INL)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 7, 8, 11, 16, 17(2), 47 and 52 thereof,
Amendment 20 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas sport plays a key role in the social, cultural and economic prosperity of the Union and promotes common values of solidarity, diversity and social inclusion;
Amendment 21 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas fan culture, built upon the freedom to share and live the sports experience both in real time and preceding or following live sports events, is an essential element of the role that sport plays in European society;
Amendment 23 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the meaning and scope of the fundamental rights enshrined in the Charter are to be determined in accordance with the corresponding case law by the European Court of Human Rights;
Amendment 27 #
Motion for a resolution
Recital B
Recital B
B. whereas the illegal transmission of sport events not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also harmful for fans and consumers often as part of the activities of criminal organisations, that are also harmful for consumers;
Amendment 36 #
Motion for a resolution
Recital D
Recital D
D. whereas action should focus on the root cause of illegal content streams, namely illegal website enablers and not on individuals, including fans and consumers, who unwillingly and unknowingly are involved in illegal streaming;
Amendment 44 #
Motion for a resolution
Recital E
Recital E
E. whereas the professional illegal transmission of a whole sport event should be distinguished from short sequences shared among and by fans andthat pertaining to a fan culture and from content shared by journalists and news reporters for the purpose of informing the general public as set out in the Audiovisual Media Services Directive and in the exercise of their right to freedom of expression;
Amendment 49 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas certain major sports events are of general public interest and access to real-time information about them should therefore be guaranteed for all citizens and not be subject to undue or illegal restrictions; whereas this also concerns the journalists and news reporters who may provide such real-time information;
Amendment 60 #
Motion for a resolution
Recital H
Recital H
H. whereas, however, the current legal framework does not allow for the immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, some Member States have adopted different rules on notice and action mechanisms that are not harmonised at Union level;
Amendment 65 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that the Commission submit without undue delay, after carrying out the necessary impact assessments and stakeholder consultations, submit a proposal for legislative acts, following the recommendations set out in the Annex hereto;
Amendment 69 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that intellectual property rights are important for sport events’ organisers, as their exploitation represents a source of income, in particular in relation to the licensing of broadcasting rights for the sport events they organise; emphasizes the importance of this income for the funding and investment in grass roots sport, or amateur sports, and its contribution to society as an equalizer of people from different socio-economic backgrounds, with different physical abilities and of different genders.
Amendment 76 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that tackling online piracy of sport events that are broadcast “live” and whichose economic value lies in the “live” broadcast is the mainonly challenge that sport events’ organisers face which may require a legislative response at Union level;
Amendment 85 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that, given the specific nature of live sport events broadcast and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swift as possible and to allow for immediatethe timely and efficient removal of illegal content;
Amendment 88 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not allowways guarantee for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted to adapt the current legal framework to fit these specific challenges and to allow for the promptimely and efficient removal of illegal sport events broadcasts online; is of the view that real-time take down, provided that there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised should be the sole objective to pursue;
Amendment 96 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similar way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is a lack of efficiency of enforcement tools in the cross-border context; calls for furtherwelcomes efforts to harmonisation ofe the procedures and remedies in the Union in this specific contexte context of the Digital Services Act package;
Amendment 101 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Directive on electronic commerce provides that certain online service providers are to act expeditiously to remove or disable access to illegal information they store, upon obtaining actual knowledge or awareness thereof, through notices submitted to them; maintains that the notice and action procedure should form the basis for measures addressing illegal content in the Union; considers, however, that the current notice and take down procedure does not allow forways guarantee swift enforcement in a way that provides effective remedies, considering the specific characteristic of “live” sport events; underlines that all provisions to be taken must be in line with the future Digital Services Act;
Amendment 105 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to propose concrete measures specifically adapteding notice and action procedures to live sport events allowing for immediatethe timely and efficient removal of, or the disabling of access to, content, including a real-time take down procedureillegal broadcasts, where there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised; stresses, nevertheless, that the core provisions of the Directive on electronic commerce, such as the prohibition of general monitoring obligations and the limited liability regime, must be upheld;
Amendment 111 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that injunction procedures are relatively long and do not cope with the specific issue of illegal broadcasting of sport events; stresses the existence of practices developed at national level, such as live injunctions and dynamic injunctions, that have proved to be solutions to tackle piracy of sport events broadcasts more efficiently; calls fon the Commission to explore the possible introduction in Union law of injunction procedures aimed at allowing real-time blocking of access to or removal ofddressing illegal online live sport content in real time, based on the model of “live” blocking orders and “dynamic injunctions”, including an evaluation of the efficiency of such measures and their impact on fundamental rights online;
Amendment 113 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Acknowledges that real time blocking of websites affects the fundamental rights of internet users and service providers; stresses, in this regard, that blocking injunctions must be subject to the principle of proportionality and strike a fair balance between the protection of intellectual property on the one hand, the freedom of expression and information, the freedom to conduct business, as well as the fundamental rights to privacy and to data protection on the other;
Amendment 114 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises that injunction procedures to remove illegal sport events broadcast online, irrespective of the manner of their implementation, must ensure that the measures strictly target the illegal content and do not lead to the arbitrary and excessive blocking of legal content;
Amendment 115 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect third party rights, including access to effective judicial remedy, appropriate information about the alleged infringement for the affected service providers and internet users, and adequate safeguards in relation to the protection of personal data;
Amendment 118 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that real-time blocking may render large quantities of information on the internet inaccessible and must therefore be limited to cases where the unlawfulness of the specific broadcast has been established beyond doubt by an independent judicial body;
Amendment 121 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the responsibility for the illegal broadcasting of sports events does not lie with fans and consumers;
Amendment 122 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that the fundamental rights of individuals and consumers and service providers, including the rights to freedom of expression, privacy and protection of personal data, the right to conduct a business and the right to an effective remedy, cannot be undermined by the enforcement of copyright of sports events’ organisers;
Amendment 139 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3
Annex I – part 1 – paragraph 1 – indent 3
- to further assess the need to harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures and remedies in the Union to boost the efficiency of enforcement tools, including in the cross- border context;
Amendment 144 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4
Annex I – part 1 – paragraph 1 – indent 4
- to improve enforcement tools to allow for real-time take down ofevaluate the efficiency of enforcement tools addressing illegal live sport content, considering their need for effective notice and take down mechanisms which imply immediatetimely and efficient measures to be taken;
Amendment 145 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 5
Annex I – part 1 – paragraph 1 – indent 5
- to explore the possibilities of harmoniseing the use of swift and adaptable blocking procedures in the event of repeated violations already established allowing for court-ordered real-time blocking of access to illegal online transmissions of live sport events , based on the model of “live” blocking orders and “dynamic injunctions”;
Amendment 150 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7
Annex I – part 1 – paragraph 1 – indent 7
- to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect third party rights, including service providers, fans and consumers whose fundamental rights to freedom of expression and information, privacy and protection of personal data, the right to conduct a business and the right to an effective remedy, cannot be undermined by the enforcement of copyright of sport events’ organisers;
Amendment 152 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7 a (new)
Annex I – part 1 – paragraph 1 – indent 7 a (new)
- to clarify that the responsibility for the illegal broadcasting of sports events does not lie with fans and consumers;
Amendment 154 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – introductory part
Annex I – part 2 – paragraph 1 – introductory part
Without prejudice to the modification, in the framework of a future Digital Services Act, of the general rules regarding the manner in which illegal online content is tackled by online intermediaries , Directive 2000/31/EC (the Directive on electronic commerce) should be amended or, specific provisions regarding the rights of sport events organisers should be introduced in Union legislation, in order to:
Amendment 162 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 2
Annex I – part 2 – paragraph 1 – indent 2
- allow for real-time take down procedures targeting illegal live sport content, provided that a competent judicial body establishes that there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised;
Amendment 163 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 3
Annex I – part 2 – paragraph 1 – indent 3
- ensure that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement, as well as the seriousness of the interference with fundamental rights of service providers and internet users, whilst fully respecting the principles of the Directive on electronic commerce and the future Digital Services Act; make sure, for example, that the blocking of access to, or removal of, illegal content does not require the general monitoring of content, the blocking of entire IP addresses under which different domains can be hosted, or the blocking of an entire platform containing services that are legal, which would be disproportionate, unless the proportion of illegal services on a specific server demonstrates that the availability of legal services is only incidental;
Amendment 169 #
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 3
Annex I – part 2 – paragraph 2 – indent 3